The URL can be used to link to this page

Home My WebLink About2012-177 Agrmt - Phenix Consulting i Independent Contractor Agreement Charles F. Phenix,dba Phenix Consulting& Education, Inc. (hereafter"Phenix Consulting& Education Inc."), and City of Ashland Fire & Rescue, (hereafter AMR) hereby enter into this Agreement, in good faith. This document contains the entire Agreement between the parties and supersedes any previous understandings, commitments, or agreements, oral or written,with respect to the subject matter hereof.This Agreement shall not be varied, except by an instrument in writing of subsequent date, duly executed by authorized representative of each party. If any of the provisions of this Agreement are found unenforceable, such finding will not relieve the parties from full compliance with all other parts, which shall not be affected thereby.The validity, construction, scope, and performance of this Agreement shall be governed by the laws of the State of Oregon. The Contractor agrees to provide instructional services on behalf of AMR as described in the Statement of Work attached, for the rates described therein. In fulfilling this Agreement, Contractor and AF&R agree to the following: 1. That the Contractor, within ten (10) days of the conclusion of each training course for which ` -services are provided, will submit an invoice for authorized services rendered. The invoice will include the date, location, course description, Contractor's role (Lead, Support or Adjunct instructor), and rate for services rendered. The invoice will be mailed directly to AMR for approval and processing. 2. That AF&R will make payment of invoices to the Contractor no later than twenty (20) working days after receipt and approval.That payment will be mailed directly to the address provided by the Contractor on the invoice. 3. That the Contractor's business relationship to AMR is as strictly an Independent Contractor. That the Contractor may not participate in any AMR benefit plan, investment plan, retirement plan, leave benefit, or other similar programs. 4. That AMR will not make any deductions from the Contractor's invoices for federal, state, or municipal income taxes or Social Security taxes. 5. That Contractor will provide AF&R with a W-9 form and that AMR will report to the IRS the total annual compensation paid to the Contractor, and provide an annual Form 1099 to the Contractor as required by law. 6. That it is the responsibility of the Contractor to provide his or her own professional liability, health, automobile, and worker/disability compensation insurance. 7. That it is the responsibility of the Contractor to maintain certification to instruct the courses described in the statement of work as required by relevant state and federal accreditation agencies, and provide documentation of such certification to AMR upon request. 8. That the Contractor is responsible to supply and maintain their own laptop computer with the necessary software to conduct training sessions.The software will include Power Point. 9. That this Agreement is for the duration required to complete the instructional services detailed in the Statement of Work attached. 10. That this Agreement may be terminated by either the Contractor or by MCEM, at any time, by providing written notice, delivered to the other party at that party's address.That in such an event, AMR shall pay the Contractor all compensation incurred up to the date of termination of this Agreement. 11. That the Contractor is in no way prohibited from performing work for other entities provided such work does not interfere with their ability to achieve the results required hereunder or present a conflict of interest. Any products developed by the Contractor will remain the property of the Contractor. AGREED: July 6, 2012 Charlie Phenix, Contractor Date John Karns, Chief AF&R Date s to form Page 1 / 1 �. C 1 T Y orITY RECORDER ASHLAND DATE PO NUMBER 20 E MAIN ST. 8/7/2012 11075 ASHLAND, OR 97520 (541)488-5300 VENDOR: 015077 SHIP TO: Ashland Fire Department PHENIX CONSULTING & EDUCATION (541)482-2770 1985 KELLY WAY 455 SISKIYOU BLVD GRANTS PASS, OR 97527 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: contact: Kimberley Summers Special Inst: Confirming? No .� Quantity Unit Description Unit Price Ext.Price - EOC Training and Curriculum FY 2013 11200.00 One table top for EOC fall 2012 2-4 hours One functional EOC exercise for early 2,200.00 2013 6-7 hours EOC Manager$500.00, Ops $500.00, 2,800.00 Planning $500.00, Logistics$500.00, Finance$300.00, Command Staff$500.00 Program oversight time @$65.00 per 975.00 hour- 15 hours Per attached Independent Contractor Agreement and Task Schedule i s} SUBTOTAL 7175.00 SILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 7,175.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.12.00.61060 7,175.00 0/w Authorized �- Authoriz Signature VENDOR COPY rJRM #3 CITY OF . ..PS "L'� C. i"I I'UIS'r3 Order ASHLAND REQUISITION Date of request: 06-15-2012 Required date for delivery: FY 2013 Vendor Name Charlie Phenix- Phenix Consulting grid Education, In e. Address,City,State,Zip 1985 Kelly Way, Grantspass, Oregon 97527 Contact Name&Telephone Number 541-659-5075 cpphenix Pbudget.net Fax Number SOURCING METHOD ❑ Exempt from Compethive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council; Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5.000 to$100.000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Written Findings(Form #9 attached) Intergovernmental Agreement $5.000 to$75,000 ❑ Written quote or proposal attached ❑ Agency 0 Less than$35,000,by direct appointment Date approved by Council; Date original contract approved by Council: ❑ 3 Written proposals attached Valid until: Date (Date) Description of SERVICES Toial Cost Training and Curriculum for Staff and EOC Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 1 1 One Table-Top for EOC Fall 2012 2-4 hours 1,200.00 1,200.00 Long 1 1 One Functional EOC Exercise for Early 2012 6- 2,200.00 21200.00, 1 7 hours 1 6 1 EOC Manager 500.00, Ops 500.00 Planning 2,800.00 2,800.00 500.00 Logistics 500.00 Finance 300.00 Command Staff 500.00 1 1 1 Program Oversight time @ 65.00 per hour 15 975.00 975.00 hours ❑ Per attached quotelproposal TOTAL COST $7,175.00 Account Number 110.07.12.00.610600 Project Number: 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signir(g this requisition too I certify that the City's public contracting requirements hav beeen/satisfied./ Employee Signature: ��""�1 �^ � '- epartment Head Signature: (Equal to or reater than signatures(if applicable): Funds appropriated for current fiscal year: / NO g Zo Z Finance Director-(Equal to orgrea rthan$5,000) Date / Form#3-Requssi n CITY OF FORM #a _ -_ ASHLAND D_ ET_ERMINATIONS TO PROCURE PERSONAL SERVICES $5;000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Fire ChiefJohn Karns Date: 08-09-2012 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Backeround The department's intent is to use Phenix Consulting and Education training for Incident Command Training from Charlie Phenix by June 30, 2013. Develop training curriculum for command and general staff.EOC Manager, Operations, Planning, Logistics, Finance and Command Staff. • EOC Manger 4 hours • Operations 4 hours • Planning 4 hours • Logistics 4 hours • Finance 2 hours • Command Staff'2-3 hours Assist with development of'operational procedures.fo-the City's EOC to allow implementing and components of the EOC. Other meeting or consultation as requested. EOC Training and set up will include Plan, Organize and Execute in the following exercises • One Table-top for EOC, Fall 2012- 2-4 Hours • One functional EOC exercise for Early 2013 6-7 Hours The estimated cost and amount budgeted is £7,175.00. The timeline of the intended contract will be through June 30, 2013 Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Due to the limited personnel and resources available in the City of Ashland, staffing is not available to provide the training and development needed for the EOC. Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 2,8/10/2012